Title
IN RE: Motion for Reconsideration of Administrative Order No. 353
Case
A.M. No. P-38
Decision Date
Oct 22, 1974
The Supreme Court reduced the penalty for a Clerk of Court due to the loss of a court record, underscoring the necessity of vigilance and supervision in court administration.
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Case Digest (A.M. No. P-38)

Facts:

  • The case involves Clerk of Court Belinda V. Antonio from the Court of First Instance of Negros Occidental, Branch VII.
  • The issue arose from the unexplained loss of the record in Criminal Case No. 418, "People vs. Mapa."
  • Administrative proceedings were initiated against several court personnel, including Antonio, Docket Clerks Presco Labrador and Eden N. Ledesma, and Janitor Maximiano Biwang.
  • On March 24, 1970, Janitor Biwang received the record from the post office, which had been remanded by the Court of Appeals.
  • Biwang handed the record to Ledesma, who stamped Antonio's name on the transmittal letter.
  • The record was returned to the Court of Appeals, but the transfer to Labrador was not formally documented, violating standard procedures.
  • The loss was discovered when Mrs. Josefina Vda. de Marcella inquired about the case.
  • Labrador and Ledesma were found guilty of neglect of duty, while Biwang was exonerated.
  • On April 13, 1973, the President imposed a one-month pay fine on Antonio for neglect of duty based on the Secretary of Justice's findings.
  • Antonio filed a motion for reconsideration, claiming the penalty was excessive and not reflective of the investigation's findings.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court set aside the one-month pay penalty on Belinda V. Antonio.
  • Antonio was admonished to exercise greater vigilance and closer supervision over her subordinates.
  • The Court acknowledged tha...(Unlock)

Ratio:

  • The Supreme Court recognized Antonio's supervisory role but stated that command responsibility should not be applied absolutely.
  • The proximate cause of the record's loss was primarily due to the negligence of Labrador and secondarily to Ledesma.
  • The Court no...continue reading

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